Crafting an initiative

Of the 24 states that allow citizens to initiate legislation through the petition process, several states have adopted restrictions and regulations that limit the allowable scope and content of initiated proposals. These regulations may include laws that mandate that initiatives address only one topic, restrict the range of acceptable topics for proposed laws, prohibit unfunded mandates, and establish guidelines for adjudicating contradictory measures.

Subject restrictions

Maine does not restrict the subject matter of initiated measures. However, if there are insufficient state funds available for a measure and the initiated measure does not specify a sufficient funding source, the measure's effective date is delayed to allow the legislature to appropriate funds. Such measures take effect 45 days after the start of the next legislative session.

Competing initiatives

Maine law provides that in the event that two measures conflict, the ballot will be organized so that voters may select one or neither of the measures. If no measure receives a majority of the vote, then the measure that receives the most votes will be placed on the next statewide ballot within 60 days. The legislature may call a special election for this purpose. However, if neither measure receives more than one-third of the vote (for each measure and against both) then both measure are considered defeated.

Starting a petition

Each initiative and referendum state employs a different procedure for filing petition applications. Some states require preliminary signatures while others do not. In addition, several states review each proposed statute, verifying that the law conforms to the style and conventions of state law and recommending alterations to initiative proponents. Some of these of these states also review the law for more substantive considerations of content and consistency. Also, many states conduct a review of the ballot title and summary, and several states employ a fiscal review process which analyzes proposed laws to determine their impact on state finances.[1][2][3]

Applying to petition

Prior to circulation, petitioners must file an application with the Secretary of State along with the signatures of five voters. These voters will receive notices regarding the progress of the initiative. Along with the application, sponsors must include the full text of the law and a summary explaining the purpose of the initiative. An application form can be found here.

Proposal review/approval

After an application is submitted, the Secretary of State must review the proposed law to ensure that it conforms to the Secretary's formal requirements and the drafting conventions for statutes. If the Secretary finds that a proposed statute does meet these conditions, he or she will suggest revisions to the bill. Sponsors may edit the petition and reapply. No changes can be made to the text of the measure without the consent of proponents. Once the Secretary has approved the text of the measure, he or she determines the form of the petition and provides it to the sponsors. Petitioners are responsible for printing copies for circulation.

Fiscal review

The Office of Fiscal and Program Review prepares a fiscal impact statement for each ballot measure. The statement must summarize the impact of the measure on state funds (General Fund, Highway Fund, etc...). In addition, it must summarize the amount transferred from state to local governments. Each signature sheet must contain this summary.

Collecting signatures

Each initiative and referendum state employs a unique method of calculating the state's signature requirements. Some states mandate a certain fraction of registered voters while others base their calculation on those who actually voted in a preceding election. In addition, many states employ a distribution requirement, dictating where in the state these signatures must be collected. Beyond these overarching requirements, many states regulate the manner in which signatures may be collected and the timeline for collecting them.

Number required

The required number of valid signatures for both statewide initiatives and referendums are the same. It is tied to the number of votes cast for the office of the Governor of Maine in the most recent gubernatorial election. Gubernatorial elections are held in Maine every four years. The requirement is 10% of the total votes cast for governor (excluding blanks) in the most recent election (2010) as established in Article 4, Part Third, Section 18, sub-section 2 of the Maine Constitution.[4][5]

Out-of-state circulators

Maine requires that petition circulators are registered to vote in Maine, indirectly requiring them to be residents of the state. Similar laws in other states have been overturned, but the US Supreme Court has yet to rule on the matter.

Electronic signatures

Since electronic signatures are an emerging technology, the constitutionality of bans on e-signatures and the legality of e-signatures in states without bans is largely untested. Maine law does mandate that signatures be collected in the presence of the circulator and that signers "personally" place their name on the petition.

Deadlines for collection

In Maine, signatures are valid for one year after the date they were signed. However, signatures may be collected up to 18 months after the petition form is furnished by the Secretary of State. Signatures must be filed with the Secretary by the 50th day of the first regular legislative session or the 25th day of the second regular session.

Getting on the ballot

Once signatures have been collected, state officials must verify that requirements are met and that fraudulent signatures are excluded. States generally employ a random sample process or a full verification of signatures. After verification, the issue must be prepared for the ballot. This often involves preparing a fiscal review and ballot summary.

Ballot title and summary

On the Maine ballot, each measure features a generic name (Question 1, Question 2...) and a ballot question written by the Secretary of State. Ballot questions ought to be "simple, clear, concise and direct."

The election and beyond

Ballot measures face additional challenges beyond qualifying for the ballot and receiving a majority of the vote. Several states require ballot measures to get more than a simple majority. While some states mandate a 3/5 supermajority, others states set the margin differently. In addition, ballot measures may face legal challenge or modification by legislators. If a ballot measure does fail, some states limit how soon that initiative can be re-attempted.

Effective date

Measures take effect 30 days after the Governor has proclaimed the results of the election. However, if there are insufficient state funds available for a measure and the initiated measure does not specify a sufficient funding source, the measure's effective date is delayed to allow the legislature to appropriate funds. Such measures take effect 45 days after start of the next legislative session.

Litigation

Petition sponsors may challenge any decision made by the Secretary of State during the application and review process. If the Secretary has determined that the number of signatures is insufficient, any sponsor or valid petition signer may challenge decision. If it is deemed sufficient, any other voter may challenge the decision. In each case, the challenge is filed in Superior Court with appeal to the Maine Supreme Judicial Court.